Thread by @KlasfeldReports

Good morning from New York.

Donald Trump is about to become the first former president in US history to stand criminal trial.

Opening statements will begin—after pre-trial rulings that could take on great significance if he testifies.

I’ll cover live, from the courtroom 🧵

Expected first:

The judge may issue his Sandoval rulings, determining what prior bad acts prosecutors can confront Trump with if he testifies.

A key question: "What's fair game?"

ICYMI: My breakdown with @CapehartJ and @JoyceWhiteVance on @TheLastWord msnbc.com/msnbc/amp-vide…

Trump has entered the courtroom, chatting with his lead attorney Todd Blanche.

Photojournalists capture Trump at the defense table for his first day of trial.

Expect this to be a daily pre-trial ritual.

Court security personnel rush the photojournalists out after a short amount of time.

"All rise."

Justice Merchan walks to the bench, and the attorneys register their appearances.

Opening statements will be brief, the parties disclose.

Prosecution: 45 minutes
Defense: 25 minutes

One of the jurors expressed concern about the "media attention."

They plan to speak to the juror in private.

After a conversation with the judge, that juror will remain on the panel.

Justice Merchan indicates he will recite his Sandoval rulings now:

Remember, these determine the permissible boundaries of cross-ex if Trump decides to testify.

Merchan recites the standard of balancing information relevant to Trump's credibility and avoiding undue prejudice.

The judge notes he has a "wide range of discretion," under the law, to determine this balance.

Side note

Seating toward the front of the gallery: Manhattan District Attorney Alvin Bragg

NEWS

Trump can be confronted by the ruling against him NYAG's civil fraud case, the judge rules.

This is IF he testifies.

Trump also can be confronted with findings of his gag order violations in his civil fraud case, if he testifies, the judge rules.

News:

Trump also can be confronted with two federal juries' findings that he defamed E. Jean Carroll, if he testifies, the judge rules.

Trump also can be confronted with his agreement to dissolve the Trump Foundation, if he testifies, the judge rules.

(Notably, the judge appears to have excluded the sexual abuse finding in the E. Jean Carroll case.)

"All rise."

The jury has entered.

(Trump stood up for them, this time, after a short delay.)

Context on the E. Jean Carroll rulings' nuance:

Evidence about "prior bad acts" must balance relevance with undue prejudice to the accused.

Trump isn't charged in this case with sexual assault, but falsifying business records. The judge allowed info that goes to his credibility.

This is why Merchan appeared to confine his green light to prosecutors on the Carroll verdicts to the defamation findings.

Merchan is giving his preliminary instructions to the jurors.

Just before the Sandoval rulings:

Merchan affirmed his earlier ruling allowing prosecutors to show jurors a transcript of the "Access Hollywood" tape.

Trump's lawyers fought to leave that out, after succeeding in preventing the admission of the actual footage.

Notably absent in Justice Merchan's Sandoval rulings:

* Trump's sanction for filing "frivolous" RICO suit against Clinton — a surprising omission, because he previously seemed inclined to admit it.

* The Trump Org's criminal prosecution

That said, the judge allowed prosecutors to confront Trump with a broad array of adjudicated prior bad acts from other court cases...

...Again, if Trump chooses to testify.

Merchan:

"During deliberations, your function as jurors will be to decide what the facts are" — and to follow his instructions.

"In other words, you will decide the case on the evidence."

Merchan explains that alternate jurors do not know at this time whether they will be asked to substitute for someone on the 12-person panel.

Merchan cautions jurors not to read news coverage of the trial—or research any aspect of the case outside of court.

Merchan informs the jury that trial today will end at 12:30 p.m.

The People's opening statements are about to begin.

Prosecutor Matthew Colangelo's first line:

"This case is about a criminal conspiracy and a cover-up."

The purpose of this conspiracy, the prosecutor says, was to influence the 2016 presidential election.

As "one part" of the agreement, Michael Cohen paid Stormy Daniels $130,000 to "silence her and to make sure the public did not learn about a sexual encounter with the defendant."

Colangelo pivots to the Trump Tower meeting with Trump, Cohen, and David Pecker, the CEO of AMI, the National Enquirer's parent company.

Pecker would act as the "eyes and ears" of the campaign to gather info that might be harmful to Trump's candidacy.

AMI would also use its publications and magazines to publish stories flattering to Trump.

Colangelo:

"The National Enquirer ran headline after headline that extolled the defendant's virtues," ones that Pecker specifically instructed.

"The National Enquirer also ran stories attacking Mr. Trump's political opponents," including against Ben Carson and Ted Cruz.

Colangelo describes the conspiracy with AMI as having three parts:

1) to run positive coverage.
2) to attack opponents
3) be "eyes and ears" of the campaign.

He says that last prong of the conspiracy falls under the rubric of "catch-and-kill."

The prosecutor describes three "catch-and-kill" operations.

The first payoff went to Dino Sajudin, who had been hawking a false story that Trump fathered a child out-of-wedlock.

Pecker was acting, in that scheme, had been acting as a "co-conspirator," Colangelo says.

When AMI determined later that Mr. Sajudin's allegations weren't even true, Cohen instructed Pecker to delay releasing him from the non-disclosure agreement until after the 2016 election, the prosecutor tells the jury.

Next up: Karen McDougal.

McDougal said that she had a romantic and sexual relationship with Trump, while he was married, that lasted for roughly a year.

"The evidence will show that the defendant desperately did not want this information about Karen McDougal to become public" because he was concerned about how it would affect the election, Colangelo says.

Colangelo:

"You will see the flurry of text messages, the barrage of phone calls" about the desire to silence Karen McDougal's story.

David Pecker is reportedly set to be the first witness, and the prosecutor promises the jury that they will hear him testify.

Colangelo says Cohen taped a phone call about silencing McDougal's account:

"You will get a chance to hear that recording during this trial."

Colangelo:

"You'll hear the defendant's own voice, on tape, working out the intended agreement."

Colangelo pivots to Trump's "hot mic" moment in the "Access Hollywood" tape:

Hope Hicks was sent a transcript of the tape, he says.

Colangelo takes out the transcript himself, reciting the infamous lines with even, prosecutorial delivery:

"You can do anything [...] Grab ’em by the pussy. You can do anything."

Colangelo:

"They knew it was damaging not only because Trump bragged about sexual assault," but because it was on tape.

Colangelo:

"The campaign went into immediate damage-control mode to blunt the impact of the tape."

Trump called it "locker room talk," depicting it as "words," not "actions."

Then, one day after the "Access Hollywood" tape was released, the campaign caught wind of Stormy Daniels' allegations.

The prosecutor on Daniels' hush money payoff:

"Trump didn't want to write a check himself to write a $130,000 check himself."

So they figured out that Cohen would make the payment "through a shell company to make it harder to track," Colangelo says.

ICYMI, this would be a good time to catch up on the mechanics and basic facts of the scheme on @Just_Security

https://x.com/rgoodlaw/status/1778769601767027106

@just_security Colangelo:

"It was election fraud, pure and simple."

"We will never know, and it doesn't matter," if it changed the outcome.

Colangelo notes a couple of loose ends after the election, like how to reimburse Michael Cohen for the Stormy Daniels payoff.

Colangelo notes that nobody could pay Cohen back with a check that said "reimbursement for porn star payoff."

"So they could agree to cook the books and make it look like the payment was income [...] for services rendered."

Re-up of an article published last month laying out the mechanics of the scheme:

How a $130,000 catch-and-kill deal grossed up to $420,000, paid out in monthly $35,000 reimbursements adding up to 34 felony charges. justsecurity.org/93876/trump-hu…

Colangelo:

The Trump Org was "not in the practice of paying twice what they owed for anything."

That system "shows just how important it was" to Trump to "hide Mr. Cohen's illegal payment" to Daniels and the "overall election conspiracy" that they launched.

The first couple of check came from the Donald J. Trump Revocable Trust.

Colangelo notes that the rest came from Trump's personal bank account.

"The defendant signed those checks, each of them, himself, while he was president," he adds.

Colangelo pivots to anticipating, and countering, Team Trump's attacks on Michael Cohen.

Colangelo says Cohen's account is backed up by "Trump's own words" on tape, social media accounts, books and speeches.

Colangelo:

"As you consider all of the evidence the People will present, we ask you to use your common sense."

He advises them: "Tune out the irrelevant sideshows."

Colangelo:

"Tune out the noise. Focus on the facts. Focus on the logical inferences that follow from those facts. Follow the evidence. Listen to the testimony."

Trump's attorney Todd Blanche begins his first lines:

"President Trump is innocent. President Trump did not commit any crimes. The Manhattan District Attorney's office should never have brought this case."

Blanche notes that Trump is presumed to be innocent and emphasizes what that legal concept means until a jury holds otherwise.

Blanche says he will call him "President Trump" in respect to the office that he held—but adds he's also a man, a husband, a father and a person.

Blanche:

"The story you just heard, you will learn, is not true."

By the end of the trial, Blanche argues, there will be plenty of reasonable doubt.

After becoming president in 2017, Trump put up a "wall" between himself and his company, Blanche says.

Blanche adds that this led to the formation of the trust.

Blanche:

"The 34 counts, ladies and gentleman, are really just 34 pieces of paper."

Blanche:

"None of this was a crime."

Blanche offers a competing interpretation of the $420,000 to Cohen.

"Ask yourself: Would a frugal businessman, a man who 'pinches pennies,' pay back a $130,000 debt to the tune of $420,000?"

He insists that it wasn't a "payback."

"Cohen was Mr. Trump's personal attorney," Blanche notes.

Blanche:

"President Trump had nothing to do with the invoice, with the check being generated, or with the entry on the ledger."

Blanche:

Trump signed the checks "in the White House, while running the country."

"That's not a crime."

Blanche says that the prosecution explained "accomplice liability" during jury selection to get around what he describes as his client's lack of knowledge or intent.

Blanche:

"I have a spoiler alert. There's nothing wrong with trying to influence an election. It's called democracy."

Blanche:

"Entering into a nondisclosure agreement is perfectly legal."

Blanche:

"There were all kinds of salacious allegations going around about President Trump and it was damaging to him and damaging to his family."

Trump fought back to protect himself, his family and his brand, he adds.

After Blanche says the agreement was drafted by his lawyers, the prosecution objects.

"Please approach," the judge says.

Analysis: That line may have broached an advice of counsel issue.

Once the sidebar ends, Merchan declares:

"The objection is sustained and that comment is stricken from the record."

Blanche pivots to Michael Cohen:

"Mr. Cohen served as President Trump's attorney for many years — long before President Trump became president."

After the 2016 election, Blanche says, Michael Cohen wanted a job in the administration.

"He didn't get one," he says.

Blanche calls Cohen a criminal, emphasizing the guilty pleas unrelated to Trump, like bank to a bank and tax fraud.

Blanche on Cohen:

"He rants and he raves about President Trump. He criticizes President Trump. He talks extensively about his desire to see President Trump go to prison. He has talked extensively about his desire to see President Trump's family go to prison."

Blanche says that Michael Cohen called Trump a "despicable human being" and wanted to see him in an "orange jumpsuit."

"That was last night," he emphasizes.

Blanche tries, twice, to suggest that Cohen perjured himself in the civil fraud case, as well.

That sparks to objections from the prosecution, both sustained.

"Please approach," the judge says, calling the attorneys for a sidebar.

From the civil fraud ruling against Trump:

"Michael Cohen told the truth."

After the sidebar, the judge says: "The objection is sustained."

Blanche continues his opening statement by saying that Cohen pleaded guilty to perjury.

"His entire financial livelihood depends on President Trump's destruction," he says of Cohen.

Blanche:

"You cannot make a serious decision about Donald Trump, relying on Michael Cohen."

He adds that Stormy Daniels is also "extremely biased" against Trump.

Blanche:

"Daniels saw her chance to make a lot of money, $130,00, against Trump."

He adds that "it worked."

Daniels also wrote a book and was paid for a documentary.

Blanche adds of Daniels' testimony:

"It doesn't matter."

He adds that her testimony, though "salacious," doesn't relate specifically the 34 charges of falsifying business records.

Trump seems focused on the jury during his attorney's opening statement.

One juror appears to nod after Trump's attorney says that publication decisions about a political candidate happen all the time.

The jury appears to have been alert throughout both opening statements.

If the jury performs its function, Blanche says in his closing line, there will be a "very swift not guilty verdict."

Justice Merchan convenes another sidebar after the end of the defense's opening statement.

10 minute recess

Trump exits the courtroom, tilting his head slightly to survey the gallery on the way out.

With trial adjourning today at 12:30 a.m., we're only going to get a little bit of David Pecker on the witness stand.

We're back.

Prosecution: "The People call David Pecker."

Pecker raises his right hand to be sworn. He swears to tell the truth and is seated.

Pecker, 72, provides some biographical information. He's married, and he now does consulting work.

After seeing that Jurors do not currently have notepads, the judge asks those who want them to raise their hands.

Their hands immediately shoot up — a studious bunch.

They are provided with them.

Pecker describes AMI and its composite companies, including The National Enquirer, Globe, InStyle, Us Weekly, Star and others.

Pecker on assigning budgets for stories:

"We used checkbook journalism, and we paid for stories."

ADA Josh Steinglass asks if he had "final say" on stories editorially.

"Yes, I did," Pecker says, without hesitation.

Steinglass: Did you participate in editor meetings?

Pecker: Yes, I participated in all of them.

Asked if the National Enquirer was AMI's best-known tabloids, Pecker says: "Yes."

The prosecutor asks Pecker about the last four digits of his phone number.

Pecker gets it wrong at first, and in seeking to jog his memory, blurts out the whole number, only somewhat under his breath.

Steinglass notes Pecker gave more than the last four, and he chuckles.

Q: Are you here today pursuant to a subpoena?
A: Yes, I am.

Q: Are you represented by counsel?
A: Yes, I am.

Pecker is now being questioned about the Enquirer's former editor-in-chief Dylan Howard.

Side note:

You can review AMI's non-prosecution agreement with federal prosecutors from 2018 here.
documentcloud.org/documents/2457…

Asked whether Howard ran any decision to run a "juicy story" by him, Pecker says he did.

(Tweet edited for clarity.)

That's the end of the first day of former President Trump's criminal trial, which breaks early today in observance of the Passover holiday.

After the jury leaves, Trump's attorney Emil Bove renews an objection about David Pecker's testimony about Dylan Howard on relevance and hearsay grounds.

Prosecutors say it is admissible under an exception for witness availability.

"Your objection is noted," Merchan says.

Bove anticipates that prosecutors may invoke AMI's non-prosecution agreement with the SDNY. He says the defense will request a limiting instruction at that time.

The judge requests proposed instructions this afternoon.

The polygraph administered to Stormy Daniels was inadmissible, and the defense wants the same logic to apply to Dino Sajudin.

Prosecutors say they do not plan to cite either polygraph.

Bove says the last issue relates to records relating to Pecker or some other custodian at AMI, including emails.

Also text message exchanges.

Court is adjourned.

What makes this night different from all other nights?

This will be the first evening after a former U.S. president has stood criminal trial in front of a jury of his peers.

I will be discussing the historic proceedings on @TheLastWord with @Lawrence, at 10 p.m. ET.

* Typo.

That clearly should be "p.m."